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Article • December 14, 2017
Wyoming Supreme Court Upholds Probation Officer's Conviction for Sexual Assault by Christopher Yager was employed by the Wyoming Department of Corrections (DOC) as a probation officer when he began supervising M.C. as a result of her participation in drug treatment. She completed the treatment, and his supervision of her ended. …
Article • December 14, 2017
Filed under: Appeals, Parole, Habeas Corpus
California Court of Appeals Vacates Parole Denial for Claiming Innocence by Matthew Clarke by Matt Clarke On September 1, 2015, a California court of appeal vacated the decision of the Board of Parole Hearings to deny parole to a prisoner who had been convicted of first-degree murder and sentenced to …
Article • December 14, 2017
Filed under: Parole
California Court of Appeals Holds Consecutive Sentence Begins When Prisoner Found Suitable for Parole by In a decision handed down on May 14, 2015, a California court of appeals held that a prisoner's consecutive sentence for a felony committed while incarcerated (custodial felony) begins on the date he is found …
Article • December 14, 2017
North Carolina Supreme Court Upholds Social Media Ban for Registered Sex Offenders by Matthew Clarke by Matt Clarke In an opinion handed down on November 6, 2015, the Supreme Court of North Carolina upheld a state law banning registered sex offenders from accessing commercial social media websites on the Internet. …
Public Records Relating to Sex Offender Registry Not Exempt from Disclosure, Washington Court Rules by Lonnie Burton On April 7, 2016, the Washington State Supreme Court, in a 7-2 decision, overturned the ruling of a trial court that held sex offender registry information was exempt from disclosure under the state …
Article • December 13, 2017
Washington Supreme Court: Jail Not Responsible for Crimes Committed by Ex-Prisoner by On September 22, 2016, a split Washington Supreme Court reversed a Court of Appeals ruling and affirmed the trial court's dismissal of a lawsuit brought by the families and victims of a shooting instigated by a former jail …
Article • December 13, 2017
Sixth Circuit Affirms Summary Judgment Dismissal in Lawsuit Filed by Man Wrongfully Convicted of Arson, Murder by On September 1, 2016, the Sixth Circuit U.S. Court of Appeals affirmed a district court order dismissing most of a lawsuit filed by a man who spent 26 years in prison for an …
Article • December 13, 2017
Third Circuit Questions Bail System While Upholding Dismissal of Lawsuit Alleging Malicious Prosecution by On September 1, 2016, the United States Court of AppeaIs for the Third Circuit affirmed a District Court's order dismissing the lawsuit filed by a man who was jailed for nearly a year on misdemeanor theft …
Article • December 13, 2017
Filed under: Sentencing
Despite Opposition, California Governor Moves to Reduce Prison Terms by Matthew Clarke by Matt Clarke When California Governor Jerry Brown announced his intention of getting a voter initiative to reduce the length of time nonviolent prisoners would spend in prison onto the ballot, it engendered opposition ... and a sense …
Article • December 12, 2017
Seventh Circuit Upholds Denial of FOIA Request for Terrorist Organization Information by Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has upheld a district court's ruling that certain information relating to terrorist organizations is not disclosable under the Freedom of Information Act (FOIA). Heartland Alliance National …
Article • December 12, 2017
Filed under: Sex Offender Treatment
Virginia Supreme Court Orders Retrial in Civil Commitment Proceeding by Christopher Zoukis By Christopher Zoukis The Virginia Supreme Court has reversed a jury's finding that a convicted sex offender was not a sexually violent predator who must be civilly committed. On Aug. 12, 2014 the Commonwealth of Virginia moved to …
Article • December 12, 2017
Seventh Circuit: Falsely Accused Man, Conviction Expunged, Cannot Sue Anonymously by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Seventh Circuit has ruled that a man who was falsely accused of a crime and later had his record expunged cannot sue for malicious prosecution anonymously. …
Article • December 12, 2017
Eleventh Circuit Grants Habeas Hearing in Judicial Bias Case by Christopher Zoukis By Christopher Zoukis The United States Court of Appeals for the Eleventh Circuit has reversed a district court and ruled that an evidentiary hearing is required when a criminal defendant has sufficiently alleged actual bias on the part …
Article • December 12, 2017
Filed under: Sentencing
Fifth Circuit Vacates Child Pornography Sentence by Christopher Zoukis By Christopher Zoukis        The United States Court of Appeals for the Fifth Circuit has vacated and remanded the sentence of a convicted child pornographer. Jason Daniel Scott pleaded guilty to one count of possessing child pornography and was sentenced …
Article • December 12, 2017
Filed under: Bail, Bail Bonds
Efforts to End “Scourge of Money Bail” Meeting with Success by David Reutter By David M. Reutter The initiative by Equal Justice Under Law to end the incarceration pending trial of persons too poor to post bail is reaping positive outcomes.  Each day, there are about 500,00 human beings who …
Article • December 12, 2017
Corrupt Georgia Judge Sentenced to Prison in Drug Plant Scheme by A former magistrate judge for Georgia’s Murray County was sentenced to five years in federal prison on charges related to planting drugs on a woman who accused him of sexually propositioning her in return for judicial favor. Bryant L. …
Article • December 11, 2017
Oregon Cop Resigns for On-Duty Sexual Abuse by An 18-year veteran Oregon police officer has resigned amid allegations that he sexually abused a woman while on duty in 2013. In June, 2014, a woman disclosed during a treatment program that she had been sexually assaulted by Forest Grove Police Department …
Article • December 11, 2017
Oregon Sheriff Faces Excessive Force Criminal Investigation by The Oregon attorney general has opened a criminal investigation of a county sheriff for punching a handcuffed suspect, and several other incidents of excessive force. In July, 2015, Oregon Department of Justice (DOJ) investigators interviewed several Klamath County sheriff's deputies about several …
Article • December 11, 2017
Man Wrongly Imprisoned on Death Row for 28 Years May Sue Ohio by Dale Johnston was convicted of murdering his stepdaughter and her boyfriend and sentenced to death. The decision of a three-judge panel in 1984 was based in part on testimony from a hypnotized witness. He always denied having …
Article • December 11, 2017
Congress Exempts from Taxation Awards to Wrongfully Convicted by Derek Gilna by Derek Gilna Congress has passed the wrongful Conviction Tax Act of 2015 with votes from both sides of the aisle, exempting the damage awarded granted the wrongfully convicted from federal tax liability.   According to the Innocence Project, a …
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